• 2010 - Registration Requirement (Sexual Offenders and Offenders Against Children)
  • K-7.90
    • Children And Minors
    • Sex Offenders
    • Sexual Offenses
    • Sex Crimes
    • Sex Crimes

  • A sexual offender who fails to register, or who changes his or her name, school, or residence or employment address, and fails to give written notification is guilty of a criminal offense.

     

    ESSENTIAL ELEMENTS OF OFFENSE

     

    The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

     

    1) The Defendant, _____________, has pled guilty or nolo contendere to or been found guilty, including juvenile delinquent adjudications of equivalent offenses, of [felonious sexual offender] [attempted felonious sexual offender] [misdemeanor sexual offender] [attempted misdemeanor sexual offender] [felony crime against a child] or [adjudicated delinquent of any crime against another individual and was found to demonstrate mental abnormality or sexual predatory conduct];

     

    2) The Defendant was required to register; and 3) The Defendant [willfully] [failed to register with the [Chief of Police] [County Sheriff] within three (3) days of coming into a County in which the Offender resides or is temporarily domiciled] [changed his or her name, school, or residence or employment address] and failed to give written notification of the new information to the law enforcement agency within three (3) days].

     

    DEFINITIONS [Insert relevant definitions. NDCC 12.1-32-15, 12.1-02-02.]


    *****

    • 12.1-32-15
  • Notes: Under subsection (3), an individual required to register who violates the statute is guilty of a class A misdemeanor. A court may not relieve an individual, other than a juvenile, who “willfully” violates the statute from serving a term of at least ninety (90) days in jail and completing probation of one (1) year. An individual who violates the statute who previously has pled guilty or been found guilty of violating the statute is guilty of a class C felony. Therefore, the trier of fact in a case where an individual charged with a class A misdemeanor must make a finding of “willful” conduct in order for the court to impose the mandatory minimum sentence.